BPDFamily.com

So , it’s been one year since my separation and 18months since I filed for divorce.
We’ve recently reached an agreement that’s been sealed by a court order on how the assets from the family home will be shared.
My solicitor has advised that I can go ahead an apply for the decree absolute and it will be issued in days, meaning my divorce is finalised.
But the advice on the gov website states to finalise the divorce after the financial settlement.
I understand that with the consent order/clean break in place my share of the asset is secured.
Te catch here’s that if I finalise the divorce, the matrimonial home right notice in my favour will be removed- this is a restriction on the sale of the family home.
Now tge property is on the market with a buyer lined up and conveyancing underway.
Leaving the matrimonial home right notice on the property can delay the sale. I have called the land registry about the timescales for removing the notice and was advised that if the notice is preventing a sale then the process of removing the notice can be expedited from months to days.
So my question is why is my solicitor advising that remove the notice and apply for the decree absolute when the sale of the property has not reached the final stage.
I’ve asked my stbxh for a letter from his conveyancer to advise a time frame for completion and exchange to allow me time to apply for notice to be removed. He’s not responded, mind he was sending me emails requesting that I remove the notice.

My fear is that my solicitor is a bit naive, if I remove the notice and or apply for the decree absolute nothing stops my ex from creating drama or disposing the property and disappearing with assets. I don’t see him as someone who has any regard for the law.
Any advice her will help.

As peer support, we're not lawyers or solicitors and it's even possible that some of us are in different countries. Best I can recommend is that you interview or consult another solicitor, an experienced one, and listen to a second opinion.  It may be a minimal fee but it would be worth it.

I suggest that you trust your gut re: your stbxh, and re: your solicitor. 

Good advice from FD - get a second opinion.

You might also survey some divorce-specific resources for your country as a first pass, e.g., possibly search / post on Reddit for UK-specific divorce/property advice - though I would still consult a real solicitor vs. rolling the dice on this one.

Good luck - it sounds like you're close.

I agree with others and would just add that a solicitor is not the same as a real estate attorney.  The advice could be conflicting since one is about the family court process and the other is about real estate law.  You need someone that understands both and can provide you some clear direction on the best possible next move.

Until you're sure, I wouldn't make any changes.  Get a 2nd opinion!

EI, FD and P76 ,
Thank you. The suggestions help. I have requested that my solicitor make contact with the conveyancer ie my husband’s solicitor handling the sale to obtain concrete information on timescales.
If this doesn’t work then I will get conveyancing advice on the notice.
Since the notice can be removed within 10 working days at on my request, I will stay put to the very end.

My solicitor is working through legal aid and I get help with legal fees, I have had to make decisions about sharing the assets without her advice eg offering my ex £some to encourage him to play ball but the amount I offered to be deducted from my share would depend on the mortgage arrears at sale . This helped in minimising the impact of mortgage arrears on my share of the equity. So if he goes over the amount offered in arrears, he would be reducing his share of the equity.
You would think a solicitor could have provided me with some advice on how to limit the impact of arrears on my share.